10 C.F.R. § 961.1

Purpose

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This part establishes the contractual terms and conditions under which the Department of Energy (DOE) will make available nuclear waste disposal services to the owners and generators of spent nuclear fuel (SNF) and high-level radioactive waste (HLW) as provided in section 302 of the Nuclear Waste Policy Act of 1982 (Pub. L. 97-425). Under the contract set forth in § 961.11 of this part, DOE will take title to, transport, and dispose of spent nuclear fuel and/or high-level radioactive waste delivered to DOE by those owners or generators of such fuel or waste who execute the contract. In addition, the contract will specify the fees owners and generators of SNF and/or HLW will pay for these services. All receipts, proceeds, and revenues realized by DOE under the contract will be deposited in the Nuclear Waste Fund, an account established by the Act in the U.S. Treasury. This fund will pay for DOE's radioactive waste disposal activities, the full costs of which will be borne by the owners and generators under contract with DOE for disposal services.

Notes of Decisions

Cited in 2 cases, 2003–2011 · leading case: Detroit Edison Co. v. United States, 56 Fed. Cl. 299 (Fed. Cl. 2003).

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Detroit Edison Co. v. United States, 56 Fed. Cl. 299 (Fed. Cl. 2003). “10 C.F.R. § 961.1 . Under the Standard Contract, DOE agreed to dispose of an owner’s SNF and/or HLW by no later than January 31, 1998, in exchange for the owner’s payment of fees into the Nuclear Waste Fund.”

Entergy Nuclear Fitzpatrick, LLC v. United States, 101 Fed. Cl. 464 (Fed. Cl. 2011). “10 C.F.R. § 961.1 , Art. IX.A. . Thus, where the panel wrote that it “need not reach the question whether” the clause "could” provide a defense, it meant not that the defense could not be raised but that, because the defense had been waived, the panel was not confronted with…”

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